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HomeMy WebLinkAbout2023 Ordinance No. 019 1 ORDINANCE COUNCIL BILL NO. 15 NO. 19 INTRODUCED BY COUNCIL SERIES OF 2023 MEMBER WARD AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD FOR THE SOUTH BROADWAY COMPLETE STREETS PROJECT WHEREAS, the Colorado Department of Transportation (CDOT) administers federal and state funds to provide monies for the development of enhanced transportation projects throughout the State of Colorado; and WHEREAS, the State is responsible for the general administration and supervision of the performance of projects in the Program, including the administration of funds for a Program project performed by a Local Agency under a contract with the State; and WHEREAS, the City of Englewood desires to undertake the South Broadway Complete Street Project by partnering with the State of Colorado for funding; and WHEREAS, this project will upgrade and improve 16 bus stops within the Broadway corridor; and WHEREAS, this project will provide a designated bicycle corridor for portions on South Sherman Street; and WHEREAS, this project will improve pedestrian access by installing ADA complaint sidewalks and ramps; and WHEREAS, this project is a complete streets project that includes 23 of 29 elements in the Regional Complete Streets Toolkit; and WHEREAS, grant funds will pay for 88% of the project in the amount of $6,635,000.00, with the City of Englewood contributing 12% in matching funds in the amount of $905,000.00; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A 2 Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of the State of Colorado Intergovernmental Agreement, in the form substantially the same as that attached hereto. Section 2. General Provisions Applicable to this Ordinance. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. D. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. E. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. Introduced and passed on second reading, in identical form to the first reading, on the 3rd day of April, 2023. Othoniel Sierra, Mayor DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A 3 ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed on second reading on the date indicated above; published beginning two days after passage on the City’s official website for at least thirty (30) days thereafter; and published once by Title in the City’s Official City Newspaper. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile DocuSign Envelope ID: E36194A8-4729-4429-B962-D98DDD4C707A